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People v. Jones5/6/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Kelvin Jones appeals from a judgment of conviction entered upon a plea of guilty. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
An amended information filed in the Lake County Superior Court charged appellant with corporal injury of a cohabitant (Pen. Code, § 273.5, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)) and three misdemeanors: driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), driving with a blood alcohol level of .08 or above (Veh. Code, § 23152, subd. (b)) and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)). The information further alleged that appellant suffered two strikes (§ 1170.12), two prior serious felony convictions (§ 667, subd. (a)) and served a prior prison term (§ 667.5, subd. (b)).
Appellant pleaded guilty to corporal injury of a cohabitant (§ 273.5, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)) and driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), a misdemeanor. Appellant also admitted a strike (§ 1170.12), an enhancement for a prior serious felony conviction (§ 667, subd. (a)) and an enhancement for having served a prior prison term (§ 667.5, subd. (b)). The court then granted the prosecution's motion to dismiss the remainder of the information.
The court sentenced appellant to the middle term of three years in state prison for corporal injury of a cohabitant (§ 273.5, subd. (a)), the middle term of three years for assault with a deadly weapon (§ 245, subd. (a)(1)) and six months in the county jail for driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), a misdemeanor. The court ordered all three terms served concurrently. The court doubled the prison terms imposed to six years because of appellant's admitted strike (§ 1170.12) and enhanced the prison term by five years because of appellant's admitted serious felony conviction (§ 667, subd. (a)). The court struck the prior prison term enhancement (§ 667.5, subd. (b)). The aggregate term thus totaled 11 years. The court granted appellant 48 days' total presentence credit and ordered him to pay a $3,200 restitution fine.
Before appellant entered his plea, the court advised him of the constitutional rights he would be waiving and the direct consequences of his plea. Appellant expressly waived his constitutional rights and knowingly and voluntarily pleaded guilty and admitted two enhancements.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no issues that require further briefing.
The judgment is affirmed.
We concur:
Haerle, Acting P. J.
Ruvolo, J.
Page 1 California DUI Attorneys
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